Disclaimer

This article is for general informational purposes only and is not legal advice. It explains common New York procedures and issues when someone suspects a will is forged. Laws and court rules change. Talk with a licensed New York attorney about your specific situation before taking action.

Detailed Answer

If you think a decedent’s will is forged, New York law provides civil procedures to stop probate or to challenge a will that already has been admitted to probate. The two primary paths are:

1. Prevent probate before it happens. If the will has not yet been submitted to Surrogate’s Court, an interested person can file a caveat or otherwise notify the Surrogate’s Court to prevent the proponent from obtaining probate without notice to the challenger.
2. Contest probate after it is filed or granted. If the will has been submitted or admitted, you can file an objection or a probate contest in the Surrogate’s Court for the county where the decedent lived.

Surrogate’s Court handles will contests and estate administration issues under the Surrogate’s Court Procedure Act and the Estates, Powers & Trusts Law. See general texts here: Surrogate’s Court Procedure Act (SCPA) and Estates, Powers & Trusts Law (EPTL) (New York State Legislature):

• SCPA (New York)
• EPTL (New York)
• NY Courts: Contesting a Will (practical guide)

Typical steps when you suspect forgery

Below are practical actions and a typical timeline. Acting quickly improves your chance of preserving evidence and legal rights.

1. Preserve the original and any copies

Never destroy, alter, or hide the will or related documents. If you have an original, keep it safe. If the original is already with the Surrogate’s Court or with the person trying to probate it, ask the court clerk how to obtain a certified copy for your records.

2. Act fast to protect your legal position

Short procedural deadlines can apply in probate matters. If the will has not been filed, ask the Surrogate’s Court about filing a caveat or otherwise preventing probate without notice to you. If the will has been admitted, consult an attorney immediately about filing an objection or motion to reopen the probate. See the New York Courts guide linked above for procedural information.

3. Gather evidence

Evidence you will want to collect includes:

• All versions and copies of the will.
• Any witness names, contact information, and statements about signing or execution.
• Medical records showing the decedent’s capacity at the relevant time.
• Communications (emails, texts, letters) that show the decedent’s intent or reaction to the will.
• Financial records that may show suspicious transfers or motives for forgery or undue influence.
• Exemplar handwriting samples for handwriting analysis, if forgery is handwriting-based.

4. Consider expert help early

For suspected handwriting forgery, a qualified forensic document examiner can compare the questioned signature or handwriting to known samples. Medical experts can help establish whether the decedent lacked testamentary capacity. These experts are often needed in court to rebut a proponent’s evidence.

5. File the appropriate court papers

If the will is already before the court, a formal written objection or petition will be required. The proceeding will open a contest where parties exchange evidence (discovery), take depositions, and possibly proceed to trial. The goal may be to prevent admission to probate or to have an admitted will set aside as forged.

6. Criminal options

Forgery is a criminal act. You may choose to report the suspected forgery to the police or the county district attorney. A criminal investigation can run in parallel with the civil probate contest, but criminal authorities decide whether to bring charges. Even if prosecutors decline to pursue charges, civil courts can still decide the status of the will in the probate case.

What the court looks at in forgery allegations

When a forgery claim is raised, courts consider multiple issues including:

• Whether the will was properly executed under New York law (e.g., signed by the testator in the presence of required witnesses).
• Whether the proponent can prove the will is the decedent’s last valid will.
• Whether the signature or content was forged or fraudulently altered.
• Whether the decedent lacked testamentary capacity or was under undue influence when signing.

New York statutes and court rules govern execution and probate formalities. For procedural rules and guidance, consult the SCPA and related court materials listed above.

Possible outcomes

• The court denies probate of the challenged document if it finds forgery or improper execution.
• The court may admit an earlier valid will if the challenged instrument is invalidated.
• If no valid will exists, the estate will be distributed according to intestacy rules in the EPTL.
• Civil remedies may include removal of a personal representative and accounting; criminal prosecution may follow if forgery is proven beyond a reasonable doubt.

Costs, timing, and practical realities

Will contests can be fact-intensive and expensive. Expect discovery, expert fees, depositions, and possibly a trial. Settlement and mediation are common. Because important deadlines and local practices vary, an attorney who handles Surrogate’s Court litigation in New York can advise you on timing and strategy.

Helpful Hints

• Act promptly. Probate contests often have short, strict deadlines and evidence can disappear.
• Preserve the original will and any related documents; do not alter them.
• Collect witnesses’ contact information and statements while memories are fresh.
• Request medical and care records if capacity is an issue; those records are important evidence.
• Get professional handwriting and medical experts early if forgery or incapacity is likely.
• Consider filing a caveat with the Surrogate’s Court to prevent immediate probate if the will has not been presented yet; check the county Surrogate’s Court clerk for local filing procedures.
• Contact the county district attorney or police if you have clear evidence of criminal forgery; the criminal process is separate from civil probate litigation.
• Talk to a New York probate attorney as soon as possible — they can advise on filing, evidence, and likely costs.
• Use the New York Courts resources for general procedural guidance: NY Courts — Probate & Estate Help.